Terms of Service

These Terms of Service constitute a legally binding agreement between you ("Trainer", "you") and Get Your Business Booming LLC ("FitCard", "we", "us") governing your access to and use of the FitCard platform at fitcard.co and associated subdomains (the "Platform").

By creating an account, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Platform.

Please read Sections 12 (Limitation of Liability), 13 (Indemnification), and 14 (Dispute Resolution) carefully. They affect your legal rights.

FitCard provides a SaaS platform enabling personal trainers to: create a personalised digital profile card at a unique subdomain; accept session bookings and prepayment via Stripe Connect; manage client rosters and session history; receive automated reminders via a four-channel notification cascade; and share their card via URL, QR code, and social channels.

We target 99.9% platform uptime. Planned maintenance will be notified at least 48 hours in advance. We reserve the right to modify features; material reductions will give 30 days' notice and a pro-rata refund option.

You must be at least 18, a professional personal trainer operating lawfully, and have legal capacity to contract. You are responsible for account security. FitCard uses magic-link authentication; use an email you control and notify us at support@fitcard.co if you suspect unauthorised access.

Your subdomain (e.g. yourname.fitcard.co) is assigned during onboarding. Pro and Business tiers may connect a custom domain. Subdomains remain FitCard property; upon termination, the subdomain is released after a 90-day grace period.

FitCard offers Free, Starter ($15/mo), Pro ($29/mo), and Business ($49/mo) plans. Platform fees on session payments: Starter 5%, Pro 3.5%, Business 2.5%. Subscriptions are billed monthly or annually via Stripe; annual plans get 1 month free.

Subscription fees are non-refundable except as required by law. We notify at least 14 days before price increases. Failed payment: we retry over 7 days; unresolved payment results in downgrade to Free tier with 90-day data retention.

You may cancel at any time from Settings → Billing. Cancellation takes effect at end of billing period. Data export (CSV/JSON) is available at any time.

FitCard never holds client funds. We use Stripe Connect Direct Charges exclusively. All session payments flow directly from Clients to your connected Stripe Express account. FitCard deducts its platform fee at source.

To accept payments, you must create or connect a Stripe Express account and agree to Stripe's Connected Account Agreement. FitCard is not responsible for Stripe's approval decisions.

You set your cancellation policy (24h or 48h window). Before window: full refund. Inside window: platform fee retained. Trainer-initiated cancellations: full refund. No-shows: Trainer retains fee per policy.

In case of chargebacks, you agree to cooperate with FitCard and Stripe. FitCard is not liable for Stripe's chargeback decisions.

You agree to: provide accurate profile information; only advertise services you are qualified and insured to provide; comply with applicable laws; treat Clients professionally; obtain appropriate insurance; use Client data only for delivering services; obtain consent before recording health-adjacent data.

You must not: use the Platform unlawfully; post false or defamatory content; spam or solicit outside personal training scope; reverse-engineer or interfere with infrastructure; circumvent payment processing; damage FitCard's reputation; or share account credentials.

Content must be accurate, not infringe third-party rights, and comply with advertising standards. FitCard may remove violating content.

FitCard and its licensors own all IP in the Platform. These Terms grant you a limited, non-exclusive, revocable licence to use the Platform during your subscription. You retain ownership of content you upload; you grant FitCard a licence to host and serve it for operating the Platform.

Free tier cards display "Powered by FitCard" attribution. Paid plans may remove it. You may not remove it on the Free tier.

The Platform integrates with Stripe, Google Calendar, Apple Calendar, FCM, OneSignal, Resend, and Twilio. Your use is subject to their terms. FitCard is not responsible for third-party availability or reliability.

Our Data Processing Agreement (DPA) is incorporated as Schedule A. By accepting these Terms, you enter into the DPA as data controller of your Clients' data. You are responsible for having a valid legal basis and providing Clients with privacy information.

These Terms commence when you create an account and continue until terminated. You may terminate by cancelling and deleting your account. We may suspend or terminate immediately for: material breach (14-day remedy period), fraud, repeated Acceptable Use violations, or failed payment.

On termination: access ceases; subdomain deactivated; Client data retained 90 days for export; outstanding fees remain payable.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, FITCARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: FitCard's total aggregate liability for all claims will not exceed the total subscription fees you paid in the 12 months preceding the claim. FitCard will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages.

FitCard is not liable for: third-party service outages; Client no-shows or cancellations; your failure to comply with obligations; or losses caused by your breach.

Nothing in this Section limits liability for death or personal injury caused by negligence, fraud, or liability that cannot be excluded by applicable law.

You agree to indemnify and hold harmless FitCard, its officers, directors, employees, and agents from claims arising from: your use in violation of these Terms; your professional activities and Client claims; your violation of third-party rights; your breach of law; or content that is false, misleading, defamatory, or infringing.

Contact us first at legal@fitcard.co. We will attempt informal resolution within 30 days.

These Terms are governed by the laws of the United States. You agree to submit to the exclusive jurisdiction of the courts of the applicable state. EU consumers may use the EU Online Dispute Resolution platform: ec.europa.eu/consumers/odr.

Entire Agreement: These Terms, with the Privacy Policy and DPA, constitute the entire agreement. Severability: Unenforceable provisions will be modified minimally. Waiver: Failure to enforce does not waive future enforcement. Assignment: You may not assign without our consent. Notices: To you at your account email; to us at legal@fitcard.co. Force Majeure: Neither party is liable for delays beyond reasonable control.

For questions: legal@fitcard.co

Get Your Business Booming LLC